The Ombudsman's final decision
Summary: We cannot investigate this complaint about the contents of a report written by the Council’s children’s services. This is because the report has been considered during court proceedings, which places the contents outside of our jurisdiction.
The complaint
The complaint, who I will call Miss X, complains about the contents of a report which the Council’s children’s services presented to the courts during private family proceedings. Miss X says the report is inaccurate and should be corrected and resubmitted to the courts.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended) We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I cannot investigate Miss X’s complaint about the contents of a report produced by the Council’s children’s services. This is because the report has been presented to the courts which means it has been subject to court proceedings which places it outside of the Ombudsman’s jurisdiction.
If Miss X feels the Council continues to hold inaccurate information, she has the right to request inaccuracies be rectified. If the Council refuse, she can complain to the Information Commissioner who is best placed to deal with such matters.
Final decision
We will not investigate Miss X’s complaint because the contents of the report have been subject to court proceedings.
Investigator's decision on behalf of the Ombudsman